Louisiana Administrative Code
Title 28 - EDUCATION
Part CXV - Bulletin 741-Louisiana Handbook for School Administrators
Chapter 3 - Operation and Administration
Section CXV-343 - Unsafe Schools
Universal Citation: LA Admin Code CXV-343
Current through Register Vol. 50, No. 9, September 20, 2024
A. Students who are the victims of violent crime shall be afforded the opportunity to transfer to a different school.
1. A student at a
public elementary school, middle school or high school who becomes a victim of
a crime of violence as defined by
R.S. 14:2,
while on school property, on a school bus or at a school-sponsored event, shall
be given the option to transfer to a public school within the school district
in which the student's current school is located, which offers instruction at
the student's grade level and which is not persistently dangerous, if there is
such a school within that school district.
2. A student who is enrolled in an
alternative school or a special school and who becomes a victim of a crime of
violence, as defined by
R.S. 14:2,
while on school property, on a school bus or at a school-sponsored event, shall
be given the option to transfer to another such public school within the school
district in which the student's current school is located, which offers
instruction at the student's grade-level for which the student meets the
admission requirements, and which is not persistently dangerous, if there is
such a school within that school district.
3. A student who has been assigned to a
particular school, such as an alternative school or a special school, by court
order shall not have the option to transfer.
4. A student who has been the victim of a
crime of violence and who must be given the option to transfer should generally
be given the option to transfer within 10 calendar days from the date on which
the crime of violence occurred.
B. Students attending a school that has been identified as a persistently dangerous school shall be afforded the opportunity to transfer to different school.
1. Students
attending an elementary, middle, or high school that has been identified as
persistently dangerous shall be given the option to transfer to a public school
within the school district in which the student's current school is located,
which offers instruction at the students' grade level and which is not
persistently dangerous, if there is such a school within that school
district.
2. A student who is
enrolled in an alternative school or a special school which has been identified
as persistently dangerous shall be given the option to transfer to another such
public school within the school district in which the student's school is
located, which offers instruction at the student's grade-level, for which the
student meets the admission requirements and which is not persistently
dangerous, if there is such a school within that school district.
3. A student who has been assigned to a
particular school, such as an alternative school or a special school, by court
order shall not have the option to transfer.
4. The LEA in which the persistently
dangerous school is located shall, in a timely manner, notify parents of each
student attending the school that the school has been identified as
persistently dangerous, offer the students the opportunity to transfer and
complete the transfer. Although timely implementation of these steps depends on
the specific circumstances within the school district, students should
generally be offered the option to transfer within 20 school days from the time
the school district is notified that the school has been identified as
persistently dangerous. Although the transfer may be temporary or permanent,
the transfer must remain in effect for at least as long as the school is
identified as persistently dangerous.
5. Schools must meet two of the following
criteria for two consecutive school years to be identified as persistently
dangerous. For purposes of these criteria, enrolled student body means the
year-end cumulative student enrollment count, and firearm means a firearm as
defined by the federal Gun-Free Schools Act.
a. One percent or more of the enrolled
student body is expelled for possession of a firearm on school property, on a
school bus, or for actual possession of a firearm at a school-sponsored
event.
b. Four percent or more of
the enrolled student body has been expelled for a crime of violence as defined
by
R.S. 14:2
occurring on school property, on a school bus or at a school-sponsored
event.
c. Six percent or more of
the enrolled student body has been expelled pursuant to
R.S.
17:416 for the following types of misconduct
in the aggregate occurring on school property, on a school bus or at a
school-sponsored event:
i. immoral or vicious
practices;
ii. conduct or habits
injurious to associates;
iii.
possession of or use of any controlled dangerous substance, in any form,
governed by the Uniform Controlled Dangerous Substances Law;
iv. possession of or use of any alcoholic
beverage;
v. cutting, defacing or
injuring any part of a school building, any property belonging to the buildings
or any school buses owned by, contracted to or jointly owned by any city or
parish school board;
vi. possession
of knives or other implements which can be used as weapons, the careless use of
which might inflict harm or injury;
vii. throwing missiles liable to injure
others; or
viii. instigating or
participating in fights.
6. The LDE shall annually reassess
persistently dangerous schools. If a school no longer meets the criteria for a
persistently dangerous school, taking into account the most recent completed
school year and the school year immediately preceding the most recent completed
school year, the school will not be deemed persistently dangerous.
C. Nothing herein shall prohibit LEAs from entering into agreements with one another allowing students who become the victims of crimes of violence while on school property, on a school bus, or at a school-sponsored event or who are attending persistently dangerous schools in one school district the option to transfer to a school, which is not persistently dangerous, in another school district. A student who has been assigned to a particular school, such as an alternative school or a special school, by court order shall not have the option to transfer.
AUTHORITY NOTE: Promulgated in accordance with 20 USCS 7912.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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